Bringing you the Best Analytical Legal News
Delhi High Court ruled that an earning husband is entitled to claim compensation under the head of loss of dependency for the death of his earning wife, holding that dependency extends to the deceased spouse’s contribution to the household corpus and is not negated merely because the surviving spouse is also earning.
A quick roundup to cover all the important legal developments and cases this week.
The Supreme Court held that courts must ensure just compensation even where a legitimate conventional head has been omitted by the courts below. Correcting such an omission, it enhanced the MACT award by granting ₹40,000 each towards filial consortium to the parents of the deceased.
“The claimants are not supposed to know the exact policy number, and they have gathered it from somewhere and produced it before the Motor Vehicle Accident Claim Tribunal.”
“Our country has done wonders in digital payment transactions. It is a matter of common knowledge that now under various schemes of the Government, funds are transferred to the beneficiaries directly in their bank accounts. As per the rough estimate, about 80% of the adult population in the country have bank accounts.”
“Adopting a sensitive approach is crucial for the Tribunal. It plays a key and vital role in ensuring not only justice to the victim of the motor accident but also to determine just and fair compensation”
The Court also referred to multiple High Court decisions regarding the issue of using Aadhar card to determine age and clarified that it has not expressed any view on the merits of those cases.
The issue in the instant case revolved around whether a dealer or the manufacturer can be construed as an ‘owner’ vis-a-vis fixation of tortious liability for payment of compensation, especially when the driver and deceased both were employees of the manufacturer.
The Court referred to National Insurance Co. Ltd v. Balakrishnan, wherein the Supreme Court had distinguished between a Comprehensive/Package Policy and Act Policy by stating that an Act Policy cannot cover a third-party risk of an occupant in a car, but a Comprehensive/Package Policy would cover such risk.
Bombay High Court found driving a 70 feet long trailer without any brake light or tale lamps as a grievous negligence.
There are at least twenty-two official languages in India, and it is no doubt that people speak different languages, however, Hindi is the national language.
Punjab and Haryana High Court: Alka Sarin, J., has upheld the award by Motor Accident Claims Tribunal (MACT) stating that it is
Bombay High Court: S.M. Modak, J., dealt with some significant issues in a claim petition wherein a widow is earning and has
Allahabad High Court: Dr Kaushal Jayendra Thaker, J., modified the sum of the award granted to a widow by the Motor Accident Claims
Chattisgarh High Court: A Division Bench of P. R. Ramchandra Menon and Parth Prateem Sahu JJ., allowed the appeal partly and modified
Karnataka High Court: Ashok G. Nijagannavar, J., allowed the appeal and enhanced the compensation in light of the “pay and recover” principle.
Allahabad High Court: Dr Kaushal Jayendra Thaker, J., while addressing the matter observed that: “…where there are multiple claims, MACT should place all
Kerala High Court: Writ petition has been allowed by Sathish Ninan, J., finding merits in the petitioner’s arguments and consequently setting aside
Bombay High Court: V.L. Achliya, J., while addressing the issue with regard to the interest on compensation awarded in a motor accident case,
Madras High Court: S.M. Subramaniam, J., while addressing a motor accident claim, observed that, Once, the policy is contractual in nature and the